The EU Blueprint Pathway for Scotland’s Accession to the European Union under Independence ANTHONY SALAMONE Европейски съюз Unión Europea Evropská unie Den Europæiske Union Europäische Union Euroopa Liit Ευρωπαϊκή Ένωση European Union Union européenne An tAontas Eorpach An t-Aonadh Eòrpach Europska unija Unione europea Eiropas Savienība Europos Sąjunga Európai Unió Unjoni Ewropea Europese Unie Unia Europejska União Europeia Uniunea Europeană Európska únia Evropska unija Euroopan unioni Europeiska unionen The EU Blueprint Pathway for Scotland’s Accession to the European Union under Independence ANTHONY SALAMONE Publications from European Merchants Scotland and the Spirit of Europe: Protecting Scotland’s European Relations in the Face of Brexit Anthony Salamone · 30 November 2019 Purveyors of Political Insight European Merchants Ltd Company No SC643557 Registered in Scotland © 2020 Anthony Salamone All Rights Reserved Published in Edinburgh 18 February 2020 Design by Anthony Salamone Set in Muli · Open Font License Proudly European merchants.scot About Anthony Salamone Anthony Salamone is a political scientist, analyst and writer. His primary areas of expertise rest in EU politics and institutions, Scottish politics, British politics and international relations. Equipped with over ten years of experience in European and Scottish affairs, he is an authority on Scotland’s European and external relations, Scottish paradiplomacy and soft power, and the politics of Scottish independence on Europe and international affairs. Anthony has degrees from the University of Edinburgh and the London School of Economics and Political Science. At present, he is Managing Director of European Merchants, the Scottish political insight firm which he founded in Edinburgh. He is a Member of the Edinburgh Europa Institute and President Emeritus of the Edinburgh University European Union Society. Anthony has a strong commitment to public debate on European issues in Scotland and beyond, having organised and chaired numerous panel discussions, lectures and seminars on a range of themes. He is a frequent public speaker and commentator on EU politics, Scottish independence, Brexit and Scottish politics. About European Merchants European Merchants is a Scottish political insight firm based in Edinburgh, dedicated to bringing innovative analysis and bold ideas to Scotland’s European relations and the major questions facing the European Union. 3 Contents 6 Executive Summary 13 Introduction 1 Institutions and Principles 14 1A Institutions of the State 14 1B Principles for European Relations 15 1C Government Department 18 1D European Relations in Practice 20 1E International Organisations 21 1F Transition to Independence 25 2 Accession Parameters 29 2A Scotland’s Path to Accession 29 2B Preparation of Application 31 2C Accession Criteria 33 2D Accession Procedure 36 2E Accession Timeline 41 2F EU Political Considerations 45 3 Pre-Accession Period 48 3A Independence and Pre-Accession 48 3B Association Negotiations 50 3C Association Objectives 53 3D Scotland’s EU Convergence 56 3E Representation in Brussels 59 3F EU Institution and Bilateral Relations 62 4 Negotiation Mechanics 64 4A Negotiation Principles 64 4B Negotiation Basis 66 4C Negotiation Actors 70 4D Negotiation Structure 72 4E Internal Decision-Making 73 4F EU Decision-Making 75 5 Negotiation Priorities 76 5A Scotland’s Negotiation Context 76 5B Institutional Matters 78 5C Major Policy Matters 80 5D Special Considerations 83 5E Transitional Provisions 85 5F Negotiation Objectives 88 4 6 Approvals and Ratification 89 6A Conclusion of Negotiations 89 6B Approval Sequence 90 6C Post-Signature Period 91 6D National Ratification 92 6E Member State Ratifications 94 6F Conclusion of Ratification 96 7 Membership Preparations 97 7A Government and EU Accession 97 7B Parliament and EU Accession 99 7C Public Participation 100 7D Education and Learning 101 7E European Celebration Programme 102 7F Future EU Reform Provisions 103 8 Final Accession Measures 104 8A Inaugural EU Appointments 104 8B European Parliament Election 106 8C EU Civil Service 107 8D Permanent Representation 108 8E EU Institutions in Scotland 111 8F Point of Accession 112 9 Post-Accession Membership 113 9A Europe in National Politics 113 9B Government and EU Membership 114 9C Parliament and EU Membership 115 9D Scotland in the EU Institutions 117 9E European Policy Matters 118 9F EU Council Presidency 119 10 Strategy and Influence 121 10A Parameters for Influence 121 10B Post-Accession Strategy 122 10C Government Strategy 122 10D EU Institutional Relations 124 10E EU Bilateral Relations 124 10F Alliances and Partnerships 125 127 Recommendations References 132 5 Executive Summary Institutions of the State The Blueprint is based on the potential scenario that after independence Scotland becomes a parliamentary republic with a written constitution. Scotland must consider EU membership a question of values, not just interests. As a European small state, joining the EU will serve Scotland’s economic, social and geostrategic interests, but it will also be a fundamental expression of the shared values between it and the other EU members. Scotland should define Principles for European Relations, and it must build a positive national story on Scotland’s place in the EU for public confidence on EU membership to be maintained. Reflecting its values, the Government should create the Department of European and External Relations as its ministry of foreign affairs. The Scottish diplomatic corps should be the Scottish European and External Relations Service. It should also establish the European Relations Council, a regular ministerial forum on European affairs, and the Advisory Council on European Relations to gather expertise on European affairs. The international organisations which Scotland will join or with which it will have a close relationship will also have a bearing on EU accession and membership. Following a referendum endorsing independence, the Scottish Government and UK Government should conclude a Scotland-UK Framework Agreement governing their relationship and endorsing the Scottish Government’s engagement with the EU to prepare for independence. A logical and necessary consequence of Scotland becoming independent is the internationalisation of the border between Scotland and England. Scotland’s borders will define the territory of the state, not constitute impassable barriers. On EU membership, Scotland must make decisions in its national interests. Just as Ireland did not leave the EU because the UK left it, so Scotland should not refrain from joining the EU because rUK is not a member. The Scottish state should be built with future EU membership in mind. Accession Parameters Scotland must apply for EU membership in the normal way, despite its history. Each application for EU membership is progressed at its own pace and no queue exists. Scotland will only be able to apply for EU membership once it has become an independent state. Before making its application, Scotland should clearly define its Strategic Priorities for EU Accession. Its application should be based on a parliamentary vote, rather than a referendum. Scotland should not apply to join the European Free Trade Association as a temporary measure. Instead, the EU and Scotland should negotiate an Association Agreement. Scotland is a European nation. It has an advanced democracy with a developed free-market economy, underpinned by respect for the rule of law and human rights. Scotland will be in an extremely strong position to satisfy the political and 6 Executive Summary economic dimensions of the Copenhagen Criteria, and in a strong position to satisfy the institutional dimension. Scotland’s accession would not pose a challenge to the EU’s integration capacity. After it is granted candidate country status, Scotland will follow the procedure of accession devised by the EU. The length of the accession process is not predefined. Accounting for its situation, Scotland will reasonably take 4 – 5 years to join the EU. The Government should adopt a Target to EU Accession of 4 years. These timescales are not a product of inherent difficulties, but the fact that EU accession results from procedures which must be followed. Enlargement is a salient matter in the EU, and preferences of the Member States on the conditions for further expansion differ. These arguments are not particularly new. The European Commission has recently proposed changes to the accession process. These proposals focus mainly on the negotiation structure and rule of law. They should have no significant implications for Scotland. Pre-Accession Period Scotland will have to negotiate its relationship with the EU covering the point of independence to the point of accession. Under the Framework Agreement, Scotland should be afforded international legal personality. The most optimal mechanism for EU-Scotland relations in the pre-accession period will be an Association Agreement. The objective will be to negotiate, approve and ratify the agreement during Scotland’s transition to independence, so that it can enter into force at the point of independence. The EU can conclude an association agreement with an entity which is not an independent state. The Association Agreement will be an EU-only agreement, concluded directly between the EU and Scotland. The Government should establish Strategic Objectives for EU Association. With its strong political and economic institutions, robust governance, extensive existing compliance with